August 4, 2009, Introduced by Rep. Bennett and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5522 (MCL 324.5522), as amended by 2007 PA 75.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5522. (1) Until October 1, 2011 2013, the owner or
operator of each fee-subject facility shall pay air quality fees as
required and calculated under this section. The department may levy
and collect an annual air quality fee from the owner or operator of
each fee-subject facility in this state. The legislature intends
that the fees required under this section meet the minimum
requirements of the clean air act and that this expressly stated
fee system serve as a limitation on the amount of fees imposed
under this part on the owners or operators of fee-subject
facilities in this state.
(2) The annual air quality fee shall be calculated for each
fee-subject facility, according to the following procedure:
(a)
Except as provided in subdivision (d), for For category
I
facilities, the annual air quality fee shall be the sum of a
facility charge and an emissions charge as specified in subdivision
(e)
(d). The facility charge shall be $4,485.00.
(b) For category II facilities, the annual air quality fee
shall be the sum of a facility charge and an emissions charge as
specified
in subdivision (e) (d). The facility charge shall be
$1,795.00.
(c) For category III facilities, the annual air quality fee
shall be $250.00.
(d)
For municipal electric generating facilities that are
category
I facilities and that emit more than 450 tons but less
than
18,000 tons of fee-subject air pollutants, the annual air
quality
fee shall be the following amount, based on the number of
tons
of fee-subject air pollutants emitted:
(i) More than 450 tons but less than 4,000 tons,
$24,816.00.
(ii) At least 4,000 tons but not more than 5,300 tons,
$24,816.00
plus $45.25 per ton of fee-subject air pollutant in
excess
of 4,000 tons.
(iii) More than 5,300 tons but not more than 12,000
tons,
$85,045.00.
(iv) More than 12,000 tons but less than 18,000 tons,
$159,459.00.
(d) (e)
The emissions charge for category I
and category II
facilities
shall equal the emission charge rate of $45.25 $43.50,
multiplied by the actual tons of fee-subject air pollutants
emitted. A pollutant that qualifies as a fee-subject air pollutant
under more than 1 class shall be charged only once. The actual tons
of fee-subject air pollutants emitted is considered to be the sum
of all fee-subject air pollutants emitted at the fee-subject
facility for the calendar year 2 years preceding the year of
billing, but not more than the lesser of the following:
(i) 4,000 8,000 tons.
(ii) 1,000 2,000 tons per pollutant, if
the sum of all fee-
subject air pollutants except carbon monoxide emitted at the fee-
subject
facility is less than 4,000 8,000
tons.
(3)
The auditor general shall conduct a biennial audit of the
federally
mandated operating permit program required in title V.
The
audit shall include the auditor general's recommendation
regarding
the sufficiency of the fees required under subsection (2)
to
meet the minimum requirements of the clean air act.
(3) (4)
After January 1, but before January
15 of each year,
the department shall notify the owner or operator of each fee-
subject facility of its assessed annual air quality fee. Payment is
due within 90 calendar days of the mailing date of the air quality
fee notification. If an assessed fee is challenged under subsection
(6)
(5), payment is due within 90 calendar days of the
mailing date
of the air quality fee notification or within 30 days of receipt of
a revised fee or statement supporting the original fee, whichever
is later. The department may adjust the billing date and due date
under this subsection for category III dry cleaning facilities that
are also subject to the licensing or certification requirements of
section 13305 of the public health code, 1978 PA 368, MCL
333.13305, or section 5i of the fire prevention code, 1941 PA 207,
MCL 29.5i. The department shall deposit all fees collected under
this section to the credit of the fund.
(4) (5)
If the owner or operator of a
fee-subject facility
fails to submit the amount due within the time period specified in
subsection
(4) (3), as
adjusted by the department, if applicable,
the department shall assess the owner or operator a penalty of 5%
of the amount of the unpaid fee for each month that the payment is
overdue up to a maximum penalty of 25% of the total fee owed.
(5) (6)
If the owner or operator of a
fee-subject facility
desires to challenge its assessed fee, the owner or operator shall
submit the challenge in writing to the department. The department
shall not process the challenge unless it is received by the
department within 45 calendar days of the mailing date of the air
quality
fee notification described in under
subsection (4) (3). A
challenge shall identify the facility and state the grounds upon
which the challenge is based. Within 30 calendar days of receipt of
the challenge, the department shall determine the validity of the
challenge and provide the owner with notification of a revised fee
or a statement setting forth the reason or reasons why the fee was
not revised. Payment of the challenged or revised fee is due within
the
time frame described in subsection (4) (3). If the owner or
operator of a facility desires to further challenge its assessed
fee, the owner or operator of the facility has an opportunity for a
contested case hearing as provided for under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(6) (7)
If requested by the department, by
March 15 of each
year, or within 45 days of a request by the department, whichever
is later, the owner or operator of each fee-subject facility shall
submit information regarding the facility's previous year's
emissions to the department. The information shall be sufficient
for the department to calculate the facility's emissions for that
year and meet the requirements of 40 CFR 51.320 to 51.327.
(7) (8)
By July 1 of each year, the
department shall provide
the owner or operator of each fee-subject facility required to pay
an emission charge pursuant to this section with a copy of the
department's calculation of the facility emissions for the previous
year. Within 60 days of this notification, the owner or operator of
the facility may provide corrections to the department. The
department shall make a final determination of the emissions by
December 15 of that year. If the owner or operator disagrees with
the determination of the department, the owner or operator may
request a contested case hearing as provided for under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(8) (9)
By March 1 annually, the department
shall prepare and
submit to the governor, the legislature, the chairpersons of the
standing committees of the senate and house of representatives with
primary responsibility for environmental protection issues related
to air quality, and the chairpersons of the subcommittees of the
senate and house appropriations committees with primary
responsibility for appropriations to the department a report that
details the department's activities of the previous fiscal year
funded by the fund. This report shall include, at a minimum, all of
the following as it relates to the department:
(a) The number of full-time equated positions performing title
V and non-title V air quality enforcement, compliance, or
permitting activities.
(b) All of the following information related to the permit to
install program authorized under section 5505:
(i) The number of permit to install applications received by
the department.
(ii) The number of permit to install applications for which a
final action was taken by the department. The number of final
actions should be reported as the number of applications approved,
the number of applications denied, and the number of applications
withdrawn by the applicant.
(iii) The number of permits to install approved that were
required
to complete public participation under subject to section
5511(3)
before final action and the number of permits to install
approved
that were not required to complete public participation
under
subject to section 5511(3). prior to final action.
(iv) The average number of final permit actions per permit to
install reviewer full-time equivalent position.
(v) The percentage and number of permit to install
applications that were reviewed for administrative completeness
within 10 days of receipt by the department.
(vi) The percentage and number of permit to install
applications that were reviewed for technical completeness within
30 days of receipt of an administratively complete application by
the department.
(vii) The percentage and number of permit to install
applications submitted to the department that were administratively
complete as received.
(viii) The percentage and number of permit to install
applications for which a final action was taken by the department
within 60 days of receipt of a technically complete application for
those
applications not required to complete public participation
under
subject to section 5511(3), prior to final action, or
within
120 days of receipt of a technically complete application for those
which
are required to complete public participation under
applications
subject to section 5511(3). prior
to final action.
(c) All of the following information for the renewable
operating permit program authorized under section 5506:
(i) The number of renewable operating permit applications
received by the department.
(ii) The number of renewable operating permit applications for
which a final action was taken by the department. The number of
final actions should be reported as the number of applications
approved, the number of applications denied, and the number of
applications withdrawn by the applicant.
(iii) The percentage and number of permit applications initially
processed within the required time.
(iv) The percentage and number of permit renewals and
modifications processed within the required time.
(v) The number of permit applications reopened by the
department.
(vi) The number of general permits issued by the department.
(d) The number of letters of violation sent.
(e) The amount of penalties collected from all consent orders
and judgments.
(f) For each enforcement action that includes payment of a
penalty, a description of what corrective actions were required by
the enforcement action.
(g) The number of inspections done on sources required to
obtain a permit under section 5506 and the number of inspections of
other sources.
(h) The number of air pollution complaints received,
investigated, not resolved, and resolved by the department.
(i) The number of contested case hearings and civil actions
initiated and completed, and the number of voluntary consent
orders, administrative penalty orders, and emergency orders entered
or issued, for sources required to obtain a permit under section
5506.
(j) The amount of revenue in the fund at the end of the fiscal
year.
(9) (10)
The report under subsection (9) (8) shall
also
include the amount of revenue for programs under this part received
during the prior fiscal year from fees, from federal funds, and
from general fund appropriations. Each of these amounts shall be
expressed as a dollar amount and as a percent of the total annual
cost of programs under this part.
(10) (11)
The attorney general may bring an
action for the
collection of the fees imposed under this section.
(11) (12)
This section does not apply if the
administrator of
the United States environmental protection agency determines that
the department is not adequately administering or enforcing the
renewable operating permit program and the administrator
promulgates and administers a renewable operating permit program
for this state.